Rule 30(b)(6): Whose Deposition Is It Anyway?

A few weeks ago, I received a call in chambers about a discovery dispute that had arisen during a deposition. Typically, deposition disputes concern the proper scope of questioning, attorney behavior (or misbehavior), speaking objections, witness coaching, or improper instructions not to answer. But this time was different. A dispute had arisen in the middle of a deposition of a corporate representative about whether the company had designated the proper witness to testify on the company’s behalf under Federal Rule of Civil Procedure 30(b)(6).

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